Legislation would restrict use of drones by police

Published: Friday, April 19, 2013 at 8:48 a.m.

Last Modified: Friday, April 19, 2013 at 8:48 a.m.

A constituent called Rep. Mitchell Setzer earlier this year after a drone flew over his home several times.

Facts

Domestic drones are much smaller than the military versions that have been pursuing militants worldwide. The city of Monroe bought a $44,000 drone in April and the Gaston County Police Department bought one in 2006 for $30,000 from Condor Aerial Optics, a Charlotte-based company.

Here are some of the specs on the two drone models from the company's website:CONDOR A helicopter-style drone with four rotorsEndurance: Up to 45 minutesRange: Line of sight manual flight,3 miles GPS autopilotOperating altitude: 18,000 feet maximumWeight: 12.4 poundsSpeed: Cruise 25 knotsLaunch method: Vertical takeoff and landingMAVERICA plane-style drone Endurance: Up to 70 minutesRange: 3.1 miles standard, 6.2 miles extendedOperating altitude: 25,000 feet maximumWeight: 2.6 poundsSpeed: Cruise 26 knotsLaunch method: Hand or tube launch

The constituent was outside with his son throwing the football when he noticed the drone overhead. The event must have disturbed him because the constituent called Setzer asking about the state's rules.

The call prompted Setzer, R-Catawba, to look into the matter and he didn't find much in the way of regulation. So Setzer introduced a bill in March that would put restrictions on how police departments in North Carolina can use unmanned drones.

The bill establishes rules allowing agencies to deploy the remote piloted aircraft for search-and-rescue missions or if the officers feel there is an imminent threat, but not for surveillance without a warrant. The bill has been referred to the committee on rules. It is unclear when it will be considered by the committee.

Similar legislation was passed in Florida this week that puts the same limits on drone use by law enforcement agencies.

Setzer said Wednesday the intention was for state law to keep up with technology. Setzer is a primary sponsor of the bill, which has bipartisan support. The bill's other primary sponsors are Reps. Tim Moffit (R-Buncombe), Duane Hall (D-Wake), and Pricey Harrison (D-Guilford).

"I discovered that our statutes were silent as to the use of these devices," Setzer said. "I believe that drones can be useful but at the same time, without a framework in the North Carolina Statutes, one could see their use as an invasion of privacy. That is why it is important to keep pace with the technology as it evolves."

Rep. Frank Iler, R-Brunswick, is the only local sponsor of the bill. He said it is a privacy issue for him. His concern wasn't local law enforcement use, but other government agencies.

"This just limits the kind of information they can gather," Iler said. "I don't want it to be abused by any government agency."

The American Civil Liberties Union of North Carolina released a statement earlier this month supporting the proposed measure.

"We applaud this bipartisan group of lawmakers for coming together in the interest of protecting privacy rights for all North Carolinians," said Sarah Preston, the group's policy director, in a statement. "Across the country, law enforcement agencies are greatly expanding their use of domestic drones to conduct surveillance on citizens, often without any oversight."

By the end of the decade, the Federal Aviation Administration says more than 30,000 drones could be in use, according to an American Civil Liberties Union of North Carolina press release.

Gregory S. McNeal, an associate professor of law at Pepperdine University, wrote in Forbes in March the bill doesn't protect privacy, but it "imposes restrictions that don't exist for ordinary law enforcement officers" and "buries their operation in ambiguities and contradictory constraints."

"Society has never before asked the police to look the other way when they inadvertently observe criminal conduct from a lawful vantage point, but North Carolina's proposed law would force them to do just that," McNeal writes.

At least two North Carolina police departments have drones. The city of Monroe bought a $44,000 drone in April and the Gaston County Police Department bought one in 2006 for $30,000, according to a Charlotte Observer story. The drone purchased by Monroe is built by Condor Aerial Optics, a Charlotte-based company. The 3 feet long drone resembles a plane. It weighs more than 2 pounds. The company also makes a helicopter-style drone. Both have cameras.

"It's not like we're going to send it up and see what you are doing in your backyard," Monroe Police Major Bryan Gilliard said in the Charlotte Observer. "It's for community safety."

Calls for comment from Condor Aerial Optics were not returned.

The N.C. Sheriffs' Association has not taken a position on the bill, according to press reports. In New Hanover County, Sgt. Jerry Brewer said the Sheriff's Office does not have any drones nor does it plan on pursuing them. But the Wilmington Police Department is interested in drone technology. But Wilmington Police spokesman Cpl. Kevin A. Smith said the department is not "actively" trying to buy one.

"We do not have a drone at the Wilmington Police Department, but would not be averse to using one under the proper color of law and under the right set of circumstances," Smith said. "Obviously, if we ever get one, we would adhere to the provisions of (the bill)."

<p>A constituent called Rep. Mitchell Setzer earlier this year after a drone flew over his home several times. </p><p>The constituent was outside with his son throwing the football when he noticed the drone overhead. The event must have disturbed him because the constituent called Setzer asking about the state's rules.</p><p>The call prompted Setzer, R-Catawba, to look into the matter and he didn't find much in the way of regulation. So Setzer introduced a bill in March that would put restrictions on how police departments in North Carolina can use unmanned drones. </p><p>The bill establishes rules allowing agencies to deploy the remote piloted aircraft for search-and-rescue missions or if the officers feel there is an imminent threat, but not for surveillance without a warrant. The bill has been referred to the committee on rules. It is unclear when it will be considered by the committee.</p><p>Similar legislation was passed in Florida this week that puts the same limits on drone use by law enforcement agencies.</p><p>Setzer said Wednesday the intention was for state law to keep up with technology. Setzer is a primary sponsor of the bill, which has bipartisan support. The bill's other primary sponsors are Reps. Tim Moffit (R-Buncombe), Duane Hall (D-Wake), and Pricey Harrison (D-Guilford).</p><p>"I discovered that our statutes were silent as to the use of these devices," Setzer said. "I believe that drones can be useful but at the same time, without a framework in the North Carolina Statutes, one could see their use as an invasion of privacy. That is why it is important to keep pace with the technology as it evolves."</p><p>Rep. Frank Iler, R-Brunswick, is the only local sponsor of the bill. He said it is a privacy issue for him. His concern wasn't local law enforcement use, but other government agencies.</p><p>"This just limits the kind of information they can gather," Iler said. "I don't want it to be abused by any government agency."</p><p>The American Civil Liberties Union of North Carolina released a statement earlier this month supporting the proposed measure.</p><p>"We applaud this bipartisan group of lawmakers for coming together in the interest of protecting privacy rights for all North Carolinians," said Sarah Preston, the group's policy director, in a statement. "Across the country, law enforcement agencies are greatly expanding their use of domestic drones to conduct surveillance on citizens, often without any oversight."</p><p>By the end of the decade, the Federal Aviation Administration says more than 30,000 drones could be in use, according to an American Civil Liberties Union of North Carolina press release.</p><p>Gregory S. McNeal, an associate professor of law at Pepperdine University, wrote in Forbes in March the bill doesn't protect privacy, but it "imposes restrictions that don't exist for ordinary law enforcement officers" and "buries their operation in ambiguities and contradictory constraints."</p><p>"Society has never before asked the police to look the other way when they inadvertently observe criminal conduct from a lawful vantage point, but North Carolina's proposed law would force them to do just that," McNeal writes.</p><p>At least two North Carolina police departments have drones. The city of Monroe bought a $44,000 drone in April and the Gaston County Police Department bought one in 2006 for $30,000, according to a Charlotte Observer story. The drone purchased by Monroe is built by Condor Aerial Optics, a Charlotte-based company. The 3 feet long drone resembles a plane. It weighs more than 2 pounds. The company also makes a helicopter-style drone. Both have cameras.</p><p>"It's not like we're going to send it up and see what you are doing in your backyard," Monroe Police Major Bryan Gilliard said in the Charlotte Observer. "It's for community safety."</p><p>Calls for comment from Condor Aerial Optics were not returned.</p><p>The N.C. Sheriffs' Association has not taken a position on the bill, according to press reports. In New Hanover County, Sgt. Jerry Brewer said the Sheriff's Office does not have any drones nor does it plan on pursuing them. But the Wilmington Police Department is interested in drone technology. But Wilmington Police spokesman Cpl. Kevin A. Smith said the department is not "actively" trying to buy one.</p><p>"We do not have a drone at the Wilmington Police Department, but would not be averse to using one under the proper color of law and under the right set of circumstances," Smith said. "Obviously, if we ever get one, we would adhere to the provisions of (the bill)."</p><p>Kevin Maurer: 343-2339</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @StarNewsKevin</p>